Movie site linking to pirated content - DMCA counter notice

Pavilion

Pavilion

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Hello BlackHat community! )

Is it legal running a website that just links to pirated movies hosted elsewhere?
Users add video sources like openload etc.

But I started getting a lot of DMCA removal requests, they send it to Google and Google removes my pages. They send requests to movie pages but movie pages only display search results (a table with links like google serp)

Should I fill DMCA counter notices since we don't host the content?

Thank you
 
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Pavilion said:
Hello BlackHat community! )

Is it legal running a website that just links to pirated movies hosted elsewhere?
Users add video sources like openload etc.

But I started getting a lot of DMCA removal requests, they send it to Google and Google removes my pages. They send requests to movie pages but movie pages only display search results (a table with links like google serp)

Should I fill DMCA counter notices since we don't host the content?

Thank you
Click to expand...
You can't do anything against it even they can sue you for illegal distributing of movies links.
 
Are you sure? Please check this wiki https://en.wikipedia.org/wiki/Copyr...ming#History_of_copyright_litigation_in_field

In large part, linking and framing are not held to be copyright infringement under US and German copyright law, even though the underlying Web pages are protected under copyright law. Because the copyright-protected content is stored on a server other than that of the linking or framing person (it is stored on the plaintiff's server), there is typically no infringing "copy" made by the defendant linking or framing person (as may be essential), on which to base liability. Some European countries take a more protective view, however, and hold unauthorized framing and so-called deep linking unlawful.
 
I'd never take anything from Wikipedia as being serious. My partner cringes when degree students reference it in their assignments.

If you want proper advice, speak to a legal specialist.
 
Do you know why i told you about this because i have faced it...
Here is the reply i received from an company which filed DMCA against the content on my website which was only linking to content from other sites..

Code: 
Sir/Madam,

 

We received your email dated 16th August 2018

 

It is not our responsibility to set forth the various legal obligations that may or may not apply to your website. However, in the interest of clarity, we bring to your notice the following:

 

1) It is immaterial whether or not the content is hosted on your website. Embedding protected content without authorization is an act of unlicensed public distribution and a copyright infringement offence, for which remedies lie in civil and criminal laws worldwide, including but not limited to the courts of India and the United States.

 

2) Continuing to embed content that you have been put on notice of as being infringing of another's rights exposes you to liability for copyright infringement. Your website's use of ads further indicates that you are distributing infringing content for a profit.

 

3) Websites seeking exemption under the safe harbor provisions of the Digital Millennium Copyright Act, or seeking treatment as Service Providers as defined in 17 USC §512(k)(1)(B), or further claiming to operate a legally valid Notice & Take-Down regime, whether by an automated system or otherwise, are required to register a Designated Copyright Agent with the US Copyright Office (see www[dot]copyright[dot]gov/onlinesp/list/s_agents.html). If you claim to be eligible for exemption from liability under these provisions, please provide us proof of such registration, dated prior to the date of the first infringement identified on your website, in order to demonstrate such eligibility.

 

4) In the United States, the streaming that occurred on your website violates 17 USC §501, which provides that any person who violates any of the exclusive rights of a copyright owner, including the right of distribution, is an infringer and punishable by law. Under law, your willful violation of the Copyright Act may entitle the copyright owner to statutory damages of up to $150,000 per violation, as well as attorneys’ fees and costs.
 
Okay now this is from DMCA US law:

Section 512(d) relates to hyperlinks, online directories, search engines and thelike. It limits liability for the acts of referring or linking users to a site that containsinfringing material by using such information location tools, if the following conditionsare met:The Digital Millennium Copyright Act of 1998Copyright Office SummaryDecember 1998Page 13

The provider must not have the requisite level of knowledge that thematerial is infringing. The knowledge standard is the same as under thelimitation for information residing on systems or networks.

If the provider has the right and ability to control the infringing activity,the provider must not receive a financial benefit directly attributable tothe activity.

Upon receiving a notification of claimed infringement, the providermust expeditiously take down or block access to the material.Theseare essentially the same conditions that apply under the previouslimitation, with some differences in the notification requirements. The provisionsestablishing safeguards against the possibility of erroneous or fraudulent notifications,as discussed above, as well as those protecting the provider against claims based onhaving taken down the material apply to this limitation.

----

D1en0w
They can send you whatever they want to send but there's a LAW. I stated in the first message that my movie pages just link to pages. The same does Google in their SERP. Copyright holders don't ask Google removing the SERP completely right? Just some sites that they believe are "wrong".
 
MisterF said:
I'd never take anything from Wikipedia as being serious. My partner cringes when degree students reference it in their assignments.

If you want proper advice, speak to a legal specialist.
Click to expand...
In my country? In my country I don't distribute content, linking is not an infringement. But Google operates under US law. I posted a quote from DMCA US Law where being explained linking issues.
 
Pavilion said:
They can send you whatever they want to send but there's a LAW. I stated in the first message that my movie pages just link to pages. The same does Google in their SERP. Copyright holders don't ask Google removing the SERP completely right? Just some sites that they believe are "wrong".
Click to expand...

It seems like you already made up your mind, so I am not sure what you want from people here. You believe you are in the clear legally, so file whatever you want, and please report back to us on your success or failure.
 
Pavilion said:
The provider must not have the requisite level of knowledge that thematerial is infringing
Click to expand...
You have knowledge about your content which is infringing.

Pavilion said:
If the provider has the right and ability to control the infringing activity,the provider must not receive a financial benefit directly attributable tothe activity.
Click to expand...
Have you placed ads on your site or any type of earnings? If yes then this also applies to you. You can't use that content for revenue generating.

Pavilion said:
Upon receiving a notification of claimed infringement, the providermust expeditiously take down or block access to the material.
Click to expand...
Have you taken down the infringing content yet? If not then again it applies to you.
 
SocialManager said:
It seems like you already made up your mind, so I am not sure what you want from people here. You believe you are in the clear legally, so file whatever you want, and please report back to us on your success or failure.
Click to expand...
Yep you're correct he has already made up his mind even when he is clearly on wrong side.
 
a link or enbeded video is the responcabilty of the website owner and still under the copywrite act.

ansaw

totally ilegal .

you need.

offsure vps
offsure domain
stealth PayPal to accept payment
affiliate in the stealth account name

there no other way.

other way get you in real shit.
 
D1en0w said:
You have knowledge about your content which is infringing.


Have you placed ads on your site or any type of earnings? If yes then this also applies to you. You can't use that content for revenue generating.


Have you taken down the infringing content yet? If not then again it applies to you.
Click to expand...

1. Absolutely don't know. Movies pages just have general info. Links being submitted by users. Under TOS users take responsibility what they're posting on the site.
2. Ads placed but I don't sell movies :) Google also places ads in their SERP. I think your understanding of the law is wrong.
3. Yes I remove links if asked.

Guys I just want to make it clear how to legally avoid problems. What should I do to be 99% safe.
Also you all know that thepiratebay still operates totally fine. I think there's some king of secret method lol.
 
Pavilion said:
2. Ads placed but I don't sell movies :) Google also places ads in their SERP.
Click to expand...

Google also has a thorough and effective DMCA process in place and removes results when they receive complaints, which is what happened to your website.

Your business model is built around sharing copyright content. You will never be in the clear 100% in this business.
 
Pavilion said:
Also you all know that thepiratebay still operates totally fine.
Click to expand...
I 100% agree with Socail Manager and TPB has been shut down many times and have paid a lot of fine (Maybe in millions) and still operating under blacklist, they can be sued anytime again and not only TPB but all torrent sites which distributes content illegaly.
 
SocialManager said:
Google also has a thorough and effective DMCA process in place and removes results when they receive complaints, which is what happened to your website.

Your business model is built around sharing copyright content. You will never be in the clear 100% in this business.
Click to expand...
So if a add an easy way to remove any material they (copyright holders) want - I will be safe?

By the way, coming from a legal space (used to have a LEGAL music label), I can say that a lot of artists are really happy when torrents share their music, they become more popular. It's a great tool if you know how to use it.

Also Youtube is the biggest pirate in the world but how? They actually host a lot of pirated music.
 
Pavilion said:
So if a add an easy way to remove any material they (copyright holders) want - I will be safe?

By the way, coming from a legal space (used to have a LEGAL music label), I can say that a lot of artists are really happy when torrents share their music, they become more popular. It's a great tool if you know how to use it.

Also Youtube is the biggest pirate in the world but how? They actually host a lot of pirated music.
Click to expand...

No. You wont be safe. Google is Google. You are nothing and nobody. Google spends tens of millions of dollars a year on their legal battles and teams of lawyers.

Again, your entire business model is about sharing copyright content. Google's business model is about sharing all the content of the internet, and unfortunately their algorithm isn't smart enough to avoid sometimes catching copyright content. They don't want to index those sites, it's all automated. Your site only exists because people share links to copyright content.

If artists would be happy to share their content, you should get permission from them, and then share it. But you know that's not going to work as a profitable business. People come to your site to find copyright content.
 
that number 1 above is complete bullshit you wrote , you are responsible as you're the website owner,
you can not get out of legal trouble under the grounds "" the user posted the content lol""
you are the person that suppose to cheek all info on your website even if it a membership website.

from you ....
Absolutely don't know. Movies pages just have general info. Links being submitted by users. Under TOS users take responsibility what they're posting on the site.

running from responsibility doesn't matter in law, you own the website it your business.

ALSO LET ME WARN YOU, IF A UNDERAGE VIDEO OR IMAGE IS PLACED ON YOUR WEBSITE FROM YOUR USERS, YOU GET ARRESTED IMMEDIATELY, NOT YOUR USERS, BE WARNED, AND YES IT HAPPENS A LOT

each infrindgenent is 250k and they can hold that cash against a home you live in ..

that per video/image if action tacken .
 
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redarrow please avoid words like bullshit ok? There's a law, and there's a safe harbour in dmca.
Youtube hosts tons of pirated music uploaded by users. It's all written in TOS. You they must remove content if they get a valid request.

From their TOS:
  1. You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant YouTube all of the license rights granted herein.
  1. YouTube does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and YouTube expressly disclaims any and all liability in connection with Content. YouTube does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and YouTube will remove all Content if properly notified that such Content infringes on another's intellectual property rights. YouTube reserves the right to remove Content without prior notice.
 
Pavilion said:
redarrow please avoid words like bullshit ok? There's a law, and there's a safe harbour in dmca.
Youtube hosts tons of pirated music uploaded by users. It's all written in TOS. You they must remove content if they get a valid request.
Click to expand...
i am telling you with crying members on here exsplain there 2 years inside , only warning you

from dmca being caught then go to a fraud case with income.

you no the saying when in the adult niche ,
DO THE CRIME DO THE TIME .
most members don't care and done jail or couldn't give a shit , trust me, the adult earning world can be rough.

ask any member on here about there battles with law with adult website then you might understand me .

it one of them niche , if you dont understand the full niche and responabiltys dont bother ,
it the law scares you forget it , becouse many get quistioned when running a blackhat adult website .
 
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